Mangan v. Ohio State Hwy. Patrol

2010 Ohio 2188
Ohio Court of Claims·Decided February 12, 2010·No. 2009-09493-AD·Published

Opinion

Court of Claims of Ohio

The Ohio Judicial Center

65 South Front Street, Third Floor Columbus, OH 43215

614.387.9800 or 1.800.824.8263 www.cco.state.oh.us

CHARLES B. MANGAN, JR.

Plaintiff

v.

OHIO STATE HIGHWAY PATROL

Defendant

Case No. 2009-09493-AD

Clerk Miles C. Durfey

MEMORANDUM DECISION

FINDINGS OF FACT

{¶ 1} 1) Plaintiff, Charles B. Mangan, Jr., filed this complaint against defendant, Ohio State Highway Patrol (OSHP), alleging that the negligent act caused damage to a tire on his 2008 Chevrolet Equinox on October 31, 2009. Plaintiff seeks damages in the amount of $150.02. The filing fee was paid.

{¶ 2} 2) Defendant filed an investigation report admitting liability for plaintiff’s loss and acknowledging the damage amount claimed.

CONCLUSIONS OF LAW

{¶ 3} 1) Negligence on the part of defendant has been established. Johnson v. State Highway Patrol (2002), 2001-12347-AD; Zapf v. Highway Patrol, Ct. of Cl. No. 2006-07511-AD, 2007-Ohio-3104; Landman v. Ohio State Highway Patrol, Ct. of Cl. No. 2007-01801-AD, 2007-Ohio-2414; Hutchison v. State Highway Patrol, Ct. of Cl. No. 2008-06318-AD, 2008-Ohio-5627; Kovacik v. Ohio State Hwy. Patrol, Ct. of Cl. No. 2008-09619-AD, 2009-Ohio-1592.

{¶ 4} 2) Plaintiff has suffered damages in the amount of $150.52, plus the $25.00 filing fee which may be reimbursed as compensable costs pursuant to R.C.

2335.19. See Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19, 587 N.E. 2d 990.

Court of Claims of Ohio

The Ohio Judicial Center

65 South Front Street, Third Floor Columbus, OH 43215

614.387.9800 or 1.800.824.8263 www.cco.state.oh.us

CHARLES B. MANGAN, JR.

Plaintiff

v.

OHIO STATE HIGHWAY PATROL

Defendant

Case No. 2009-09493-AD

Clerk Miles C. Durfey

ENTRY OF ADMINISTRATIVE DETERMINATION

Having considered all the evidence in the claim file and, for the reasons set forth in the memorandum decision filed concurrently herewith, judgment is rendered in favor of plaintiff in the amount of $175.55, which includes the filing fee. Court costs are assessed against defendant.

MILES C. DURFEY Clerk

Entry cc:

Charles B. Mangan, Jr. Colonel David Dicken 173 John Street Ohio State Highway Patrol Newington, Connecticut 06111 P.O. Box 182074 Columbus, Ohio 43229-2074 RDK/laa 1/22 Filed 2/12/10 Sent to S.C. reporter 5/14/10

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